Shunter dismissed for following unsafe custom and practice: unfair dismissal upheld

When 'custom and practice' becomes a trap

This case shows how an employer can fall foul of fairness when it dismisses an employee for following an unsafe practice that was itself accepted by management. The shunter was injured while 'buddying up' — using two tugs to move a trailer — because there were not enough tugs available. The tribunal heard that this was a common practice at the site, known to managers, and not previously challenged.

After the accident, the employer banned buddying up and then dismissed the shunter for breaching health and safety rules. But the tribunal found that the employer had not trained staff on the correct procedure, and the disciplinary process was rushed and unfair. The dismissing officer admitted she felt pressured by the general manager to dismiss, and the appeal was a 'sham' lasting just 18 minutes.

What the employer could have done differently

Moran Logistics could have avoided this outcome by:

• Investigating the accident properly, including whether the practice was known and tolerated.
• Ensuring the dismissing officer was not pressured by senior management.
• Conducting a thorough appeal that addressed the employee's key point — that buddying up was common practice.
• Providing the employee with relevant documents before the disciplinary hearing.

Why this matters for similar claims

This case is a reminder that employers cannot discipline employees for following an unsafe practice that they themselves allowed to develop. It also highlights the importance of a fair process, especially when the employee has over two years' service. The 15% ACAS uplift and 25% contributory fault reduction show that tribunals will penalise procedural failures but also expect employees to take responsibility for their own actions.